Vazquez Martinezv.Holder

United States Court of Appeals, Ninth CircuitMar 9, 2009
318 Fed. Appx. 507 (9th Cir. 2009)

No. 08-74688.

Submitted February 23, 2009.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed March 9, 2009.

Abel Vazquez Martinez, Ontario, CA, pro se.

Silvina Vazquez Ontario, CA, pro se.

OIL, James Arthur Hunolt, Senior Litigation Counsel, Christopher McGreal, DOJ-U.S. Department of Justice, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A096-066-862, A096-066-363.

Before: KOZINSKI, Chief Judge, HAWKINS and GOULD, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


This is a petition for review of the Board of Immigration Appeals' ("BIA") order adopting and affirming an Immigration Judge's order denying petitioners' applications for cancellation of removal.

We have reviewed the opposition to the motion to dismiss this petition for review for lack of jurisdiction and the response to the court's December 16, 2008 order to show cause, and we conclude that petitioner Abel Vazquez Martinez has failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review. See Martinez-Rosas v. Gonzales, 424 F.3d 926 (9th Cir. 2005); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir. 2001). Accordingly, respondent's motion to dismiss this petition for review for lack of jurisdiction with respect to petitioner Abel Vazquez Martinez is granted. See 8 U.S.C. § 1252(a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir. 1, 2002).

A review of the response to the order to show cause and the administrative record demonstrates that there is substantial evidence to support the BIA's decision that petitioner Silvina Vazquez failed to establish continuous physical presence in the United States for a period of not less than ten years as required for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(A); Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004).

Accordingly, respondent's motion for summary disposition is granted with respect to petitioner Silvina Vazquez because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam).

All other pending motions are denied as moot. The temporary stay of removal and voluntary departure confirmed by Ninth Circuit General Order 6.4(c) and Desta v. Ashcroft, 365 F.3d 741 (9th Cir. 2004), shall continue in effect until issuance of the mandate.

PETITION FOR REVIEW DIS-1 MISSED in part; DENIED in part.